Lawzilla Additional Information:
Per the Los Angeles case information records plaintiff is represented by attorney Kenneth Yeager of Drociak and Yeager.

Case Number: 17STLC01513 Hearing Date: May 16, 2018 Dept: 94

Defendant’s motion to compel further response to requests for production is GRANTED. Plaintiff to provide further verified response to request for production No. 6 within twenty (20) days of notice of this order.

Defendant’s requests for sanction is GRANTED in the reduced amount of $410.00, payable by Plaintiff within thirty (30) days of notice of this order.

Background

This action arises out of a trip and fall on a bus. Plaintiff alleges that on September 17, 2015, she tripped when entering a bus operated by Defendant. On September 12, 2017, Plaintiff filed a complaint against Defendant for general negligence

Legal Standard

A party may bring a motion to compel further responses to requests for production (“RPDs”) once it has deemed the responses to be incomplete or evasive, or an objection is made without merit. (CCP § 2031.310(a).) The burden is on the responding party to justify its objections. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.)

The motion must be accompanied by a Section 2016.040 meet and confer declaration and must be noticed within 45 days of service of the response, or supplemental response, unless the parties have agreed in writing to an extension of the 45-day deadline. (CCP §§ 2031.310(b)-(c).) If the motion is not timely filed, the party waives the right to compel further responses to the RPDs. (Id.) The motion must be accompanied by a separate statement. (CRC Rule 3.1345.)

Additionally, “a meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP §2016.040.)

Timeliness

Defendant filed and served the instant motion on April 2, 2018. Plaintiff served responses on February 8, 2018 by mail. (Decl. Walker ¶ 4, Ex. C.) As such, the 45-day deadline of CCP § 2020.300(c) is extended by 5 calendar days. (CCP § 1013(a).) This moved the deadline to file the instant motion to Friday, March 30, 2018. March 30, 2018 was a court holiday, moving the deadline to Monday, April 2, 2018. As such, Defendant’s motion is timely.

Meet and Confer and Separate Statement

Defendant has included a meet and confer declaration and separate statement. (Decl. Walker ¶ 5, Ex. C.)

Discussion

Defendant seeks an order compelling further response to RPD no. 6. Defendant propounded RPDs (set one) on December 11, 2017. (Decl. Walker ¶ 2.) On January 26, 2018, Defendant sent a letter to Plaintiff advising Plaintiff to serve responses, without objection, by February 1, 2018. (Id. ¶ 3, Ex. C.) On February 8, 2018, Plaintiff served responses to RPDs. (Id. ¶ 4, Ex. D.)

RPD no. 6 requests Plaintiff provide any and all documents identified in Plaintiff’s responses to form interrogatories. (Separate Statement p.2.) Plaintiff responded, “Plaintiff has not been served with any form interrogatories.” (Ibid.) Defendant requests further response on the ground that Defendant properly served Plaintiff with form interrogatories on December 11, 2017. (Decl. Walker ¶ 2, Ex. A.)

As Defendant has properly severed Plaintiff with form interrogatories, Plaintiff’s response to RPD no. 6 is incomplete and evasive per CCP § 2031.310(a). A further full and specific response is required.

Accordingly, Defendant’s motion to compel further response to requests for production is GRANTED.

Sanctions

Defendant seeks sanctions in the amount of $585.00. Defendant’s counsel asserts that three (3) hours were spent on drafting the motion, anticipated review of opposition and drafting a reply and attending the hearing. (Decl. Walker ¶ 7.) Walker bills at a rate of $175 per hour. (Ibid.) The filing fee for the motion was $60.

Defendant’s requests for sanction is GRANTED in the reduced amount of $410.00, as Plaintiff has not opposed this motion.

Conclusion

Defendant’s motion to compel further response to requests for production is GRANTED.

Defendant’s requests for sanction is GRANTED in the reduced amount of $410.00.

Plaintiff to serve a further verified response, without objection, to requests for production no. 6 within 30 days of notice of ruling.

Moving party to give notice.